San Diego DUI Accident Lawyer

Representing Drunk Driving Accident Victims in Southern California

Despite the best efforts of law enforcement, community organizations, and the state legislature to reduce the problem, drunk driving remains one of the most significant highway risks faced by any California motorist. In fact, from 2005 thru 2011, nearly one-third of all traffic fatalities in California occurred in drunk driving accidents.

Drivers who are most likely to drive drunk are young people between the ages of 21-24, who make up a third of all drunk drivers. All told, drivers between the ages of 21 and 44 make up 88% of drunk drivers. Other drivers who are more likely to drive drunk include past offenders of impaired drivers.

If you need to know your legal options in the aftermath of an accident caused by an intoxicated driver, contact a drunk driving accident lawyer at The McClellan Law Firm at (619) 215-1488 for a free consultation.

The Difference Between Civil & Criminal Courts

What is important to remember regarding your DUI case is that civil and criminal court are separate systems. If the person who caused your injury was never charged with DUI, it does not mean you do not have a case. Even if they were charged but not convicted, you have legal recourse for compensation.

According to Mothers Against Drunk Driving, fewer than 2% of drunk driving incidents result in arrest. Regardless of whether the drunk driver in your situation has been charged or convicted, you have a right to demand reparation or recovery through civil law. The law has specific protections for people in your position.

In addition, the burden of proof regarding civil law is far lower than criminal cases. This means that even if the at-fault driver in your accident was found not guilty of DUI in criminal court, you may still achieve a recovery in civil court. Criminal cases require proof “beyond a reasonable doubt,” but civil cases are judged by a standard of a “preponderance of evidence.” Essentially, if the evidence suggests DUI occurred, you may have a claim.

Dedicated Attention After a Devastating DUI Accident

Drunk driving accidents may seem straightforward, but the process of proving liability is a complex one. As laws continue to shift and change regarding drunk driving liability, the fault of a DUI collision may be shared. For example, dram shop laws cases begin to hold bars, restaurants, and other alcohol servers partially responsible for the actions of drunk patrons who leave their premises, including the damage they cause after leaving. These laws are extremely limited in California, but there may still be a few circumstances in which they may apply.

To prove negligence, plaintiffs require the following proofs:

  • The defendant had a duty to the plaintiff;
  • The defendant failed to perform that duty;
  • The defendant’s failure caused damage to the plaintiff; and
  • The plaintiff’s calculable and/or demonstrable damages.

Our goal in drunk driving accident cases is to maximize your compensation from every available source. We recognize that no amount of money will take the place of a fatally-injured family member or restore the health of a permanently disabled drunk driving victim. Our firm hopes to win compensation on your behalf so you can focus on recovering and moving forward with your life, not worry about providing for your own needs.

The Importance of Drunk Driving Enforcement

Drunk driving enforcement is one of the most important aspects of overall traffic safety.

Enforcing DUI laws is an effective way to get drunk drivers off the roads and to deter others from drinking and driving, particularly with publicized checkpoints. The publicity from these checkpoints serve to remind drivers of the consequences of drinking and driving. Drivers have a responsibility to obey traffic laws and to drive in a safe manner. If they drink while under the influence, they may face criminal charges and civil lawsuits. Checkpoints and other forms of DUI enforcement, such as increased patrols, can help to catch drivers that would have otherwise passed under the radar. These efforts can also deter people from driving drunk in the first place.

Sobriety checkpoints, also referred to as DUI checkpoints, are conducted by law enforcement in an effort to deter drunk driving. According to the California Highway Patrol (CHP) website, checkpoints are maintained:

"…to reduce the number of drunk drivers on our highways and diminish the amount of pain, suffering and death that result from drunk driving."

The NHTSA has stated sobriety checkpoints provide the most effective documented results of any enforcement strategies. These checkpoints are publicly advertised in advance and are conducted by randomly screening vehicles to discourage discrimination or racial profiling. Checkpoints should be conducted in an organized manner, with minimum detainment of stopped drivers. Upon stopping a vehicle, law enforcement may only proceed with a field sobriety or breath test if there is sufficient reason to believe the driver has been drinking.

Holding Drunk Drivers Accountable in San Diego, CA

If a drunk driver caused a car accident that left you or a loved one injured, you may be able to sue for damages. A personal injury lawsuit may enable you to pursue financial compensation for damage to your vehicle, medical expenses, lost earnings, emotional trauma and other losses or injuries you have experienced.

At The McClellan Law Firm, we believe in fighting against drunk driving. By holding drunk drivers accountable for their conduct, we help victims rebuild while increasing awareness of the dangers of drinking and driving.

Call Our Attorneys After an Accident With A Drunk Driver

Because we limit our caseload to 15 at a time, our attorneys are able to analyze the circumstances of your accident, your injuries and losses, and the prospective liability of all potential defendants in the depth and detail your case deserves. We have helped hundreds of clients recover millions of dollars for their injuries.

Our drunk driving injury attorneys have long experience with the investigation and presentation of DUI or DWI injury and wrongful death claims not only against the intoxicated driver, but also against any other party whose negligence might have contributed to the accident. Our insight may be able to serve you—call us today.

For a free consultation about your options in a drunk driving accident case, whether or not the intoxicated driver was ever charged with DUI, contact The McClellan Law Firm in San Diego.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the invitation-only group of the top 100 plaintiff trial lawyers in the United States

  • Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • Attorney McClellan has been selected to the list of the Best Lawyers in America every year since 1993.

  • Attorney McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business, Personal Injury, and Product Liability.

  • Attorney Craig McClellan earned one of the top 50 verdicts in California, securing a $15,771,234 verdict for a client seriously injured in a car accident.

  • Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • The firm earned a Tier 1 ranking in Commercial Litigation in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Personal Injury in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Product Liability in the 2019 list of the Best Law Firms.

  • Attorney McClellan has been named the Lawyer of the Year by the Best Lawyers in America in 2012, twice in 2014, and in 2019.

  • Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

  • Attorney Craig McClellan has been selected to the list of Super Lawyers every year since 2007.

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  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

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  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

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